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COURT OF QUEEN'S BENCH,

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COURT OF QUEEN'S BENCH, November 4th, The Queen, on the prosecution of James Da vies, v. the Mayor and Corporation of the Borough of Swansea. Mr. W. James applied on the part of the de- fendants, for a rule to show cause why the verdict given for the plaintiff in this case should not be set aside, and a new trial granted. In this case there had been a mandamus issued to the defendants, commanding to execute a bond to the prosecutor, securing to him payment of a sum of £270, or an annuity calculated on that amount. The case had come on for trial before Mr. Justice Erskine, at the la3t Welsh assizes, when a verdict was given for the pUintiff. Tlw d..fpndallls' case was, that the claim had no legal foundation. The facts of the case were these. The prosecutor alleged that he had filled the situation of common attorney, collector and treasurer of the borough before the passing of the Junicipal Corporation Act. When that act passed, he put in claim for compensation for the loss of the office of which the new corporation had deprived him. lie allpged that the corporation had not taken this claim into consideration in the way required by the act, and, therefore, applied for the mandamus. On the trial of the return, evidence was tendered on the part of the defendant, with a view to show that the town council had in fact considered and decided ou the claim of Mr. Davies, and had rejected it. This fact Was to be proved by the paroi j testimony of a witness who had been in the town council at the time of the discussion, and who had been directed to communicate the result to Mr. Davies. This witness would have stated, that when he communicated to Mr. Davies the result of the de- cision of the council, that gentleman desired to have permission to appear before the town council, which he was allowed to do, and was then, in the most formal manner, informed of the fact. On the objection to the evidence being made, the learned Judge had desired the defendant's counsel to state what was the nature of that evidence, and on the above statement of it haying been made, the learned Judge held it not to be admissible, and his Lordship took the distinction between the acts of an individual and those of a corporation, and said that, though an individual might act bv word of iiiouth, the law did not recognize in corporations the power to act in that manner. The learned counsel submitted that this was an erroneous decision, for that it was not necessary that in all cases whatever a corporation shou d act by a deed under seal. There were many things which a corpo- ration might do without a deed under seal. The Municipal Corporation Act chiefly required, that a!l the proceedings of the to-ii council should be duly entered in the minute books, and signed by the chair- man, and the acts of the town council thus declared were valid without the execution of any deed under seal. Lord Denman said, that the point now presented to the Court was of considerable importance, and there ought to be a rule to show cause. Other points connected with this particular case were then mentioned, and one of them was, whether Mr. Davies eould be legally considered the holder of the offico in respect of the loss of which he had claimed compensation. Oil this, and the other points also, a rule was granted.

LOCAL MATLKETS.

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FROM THE LONDON GAZETTES.

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